HV v. Children’s Aid Society of Toronto, 2021 CFSRB 43

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

HV Applicant

-and-

Children’s Aid Society of Toronto Respondent

INTERIM DECISION

Adjudicator: Catherine Bickley Date: June 15, 2021 Citation: 2021 CFSRB 43 Indexed As: HV v Children’s Aid Society of Toronto (CYFSA s.109)

INTRODUCTION

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) pursuant to section 109 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1, (the “Act”).

BACKGROUND

2The Applicant has been the foster parent of SA continuously since March 1, 2019.

3On June 4, 2021, the Applicant’s Foster Family Worker and a manager from Key Assets came to the Applicant’s home “to tell me they were removing [SA] from my care without a written notice or phone call”. It is not clear from the Application whether SA was removed on June 4 or three days later.

4The Application was filed on June 14, 2021.

NOTICE REQUIREMENTS

5Section 109(7)(a) of the Act requires a society to give at least 10 days written notice of a decision to remove a child in extended society care from a foster home when that child has lived continuously with a foster parent for two years.

6When a person receives written notice under section 109(7)(a) they may apply within 10 days to the Child and Family Services Review Board (“CFSRB”) for review of the decision to remove the child.

ANALYSIS

7SA has lived continuously with the Applicant for more than two years.

8SA was removed without advance written notice.

9Whether SA was removed on June 4, 2021 or two days later, the Application was filed within 10 days of SA’s removal.

10For these reasons, the Application is eligible to proceed to a hearing.

DIRECTIONS

11In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for Tuesday, June 22, 2021. A one-hour teleconference will be held on that date at 2:00 p.m.

12By no later than 5 p.m. on Friday, June 18, 2021, the Respondent shall file a brief Response addressing the reason for SA’s removal without notice.

13The purpose of the first day of hearing is to:

• identify any preliminary issues;
• discuss the possibility of mediation;
• provide directions about evidence and witnesses;
• set timelines for document disclosure and submission of witness statements;
• set a date or dates for continuation of the hearing; and,
• deal with any other necessary procedural matters.

14The CFSRB expects subsequent hearing day(s) will take place within a short time given the importance of resolving disputes about the removal of a foster child as soon as possible

CONFIDENTIALITY ORDER

15Pursuant to Rules 9.3 and 9.4 of the CFSRB’s Rules of Procedure parties and their representatives must not use, share, discuss or disclose any CFSRB documents or decisions or any other documents or information provided or used in this Application with anyone including through the media or on-line. The CFSRB prohibits the use of any of this information for any purpose outside of the CFSRB’s proceedings, except with an order of the Court or the CFSRB, as appropriate.